Level 2 or Tier 2 checks are only used in Florida and involve running the subject’s fingerprints in the state or national fingerprint databases for a possible match.
The primary purpose of Level 2 checks is to reveal if the checked individual has committed any disqualifying offenses.
L 2 Checks Prevent Florida Companies from Hiring the Wrong Guy
A level 2 background check result may give enough grounds to an employer not to hire a particular candidate without being liable for discriminatory conduct against them in the recruitment process.
While Tier 2 checks are only valid in Florida, Texas and California may soon move to adopt them.
Legal Requirements for a Level 2 Background Check
To carry out an L2 check in Florida, an employer has to provide the potential employee’s fingerprint card or name.
Florida’s repository of fingerprints is the only institution that collects and provides fingerprints for Level 2 screenings.
Before running the candidate’s fingerprints through the FBI database, the employer must ensure this act does not violate any state or federal laws.
Prior to submitting the checked person’s fingerprints for a national search, the screening authority must first run them through the state’s database.
Only government institutions are authorized to receive national L2 check reports in compliance with the FBI’s terms.
Who Carries Out L2 Checks?
Employers usually hire specialized pre-screening agencies to carry out Level 2 background checks of the shortlisted candidates.
These vendors are responsible for conducting electronic fingerprinting and safekeeping of the collected personal data.
L2 screening vendors scour Florida’sandFBI’sfingerprint databases to link the candidate’s fingerprints to arrest warrants, detentions, and other offenses.
However, they cannot search the checked individual’s criminal record for specific offenses.
Who Oversees Level 2 Background Checks?
Florida’s Law Enforcement Department is the primary regulator of L2 checks. Because L2 checks search fingerprints across the national and various state databases, their scope is also regulated by the FBI and the corresponding courts as per their jurisdiction.
Who Is Subject to L2 Background Checks?
Only job applicants in the state of Florida may undergo Level 2 pre-screening. These specific types of screening are carried out on individuals running for public offices: civil servants, prosecutors, attorneys, personal data administrators, etc.
They are also required for candidates to work with children, elderly or disabled individuals, and other groups at risk. Florida couples applying to adopt a child may also be subjected to a Level 2 background check.
What Does a Level 2 Background Screening Reveal?
A Level 2 background check seeks to link the checked person’s fingerprints to crimes committed in different counties or states.
L2 checks sometimes reveal disqualifying offenses such as violent assaults. The screened candidate automatically drops out of the hiring process in such a case.
In addition to criminal records, Tier 2 checks also uncover the candidate’s academic and employment histories.
How Much Does a Level 2 Background Check Cost?
Level 2 screening agencies in Florida usually charge between $50 and $80for a background check, depending on the number of searched databases. The employer or the employee pays the cost of the screening.
A Level 2 background check report takes 24 and 48 hours to generate.
What Isn’t Included in an L2 Background Check Report?
Arrests that did not lead to convictions and offenses committed more than seven years before the checks go off the L2 radar. No level 2 checks are required for jobs paying less than $75,000 a year.
L2 reports also exclude juvenile delinquency records and criminal records not directly linked to the profession the checked individual is applying for.
However, convicted felons can’t work as teachers, bank clerks, real estate brokers, or psychologists in The Sunshine State.
Can I Pass an L2 Background Check with a Felony?
Yes, you can. If you were arrested for a crime that is not considered disqualifying for the job you are applying for.
Can I Have a Felony Erased from My Record in Florida?
To have a felony sealed or expunged from your criminal record, you should file a request to the state government through an authorized attorney.
Only records of petty crimes can be sealed or expunged. When an entry is sealed, it is no longer accessible to background screeners. If an entry is expunged, it is physically removed from your criminal record.
Can I do an L2 Check on Myself?
No, you cannot because the fingerprints should be collected and submitted by an authorized agency.